Notwithstanding any other law or rule of court to the contrary, when an original civil action, an appeal from the judgment of a court of general sessions, or a petition for review of a final decision in a contested case under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, is filed in a state or county court of record or a general sessions court and such court determines that it lacks jurisdiction, the court shall, if it is in the interest of justice, transfer the action or appeal to any other such court in which the action or appeal could have been brought at the time it was originally filed. Upon such a transfer, the action or appeal shall proceed as if it had been originally filed in the court to which it is transferred on the date upon which it was actually filed in the court from which it was transferred.
Acts 2000, ch. 794, § 1.
Notes of Decisions
Lee Med., Inc. v. Paula Beecher, 312 S.W.3d 515 (Tenn. 2010).
· cites it 3× “-7- Tenn. Code Ann. § 16-1-116 (2009). Thereafter, on May 7, 2008, the trial court in Williamson County consolidated the cases.”
Turner v. State, 184 S.W.3d 701 (Tenn. Ct. App. 2005).
· cites it 9× “Tenn.Code Ann. § 16-1-116 (Supp.2004) (emphasis added).”
Pack v. Ross, 288 S.W.3d 870 (Tenn. Ct. App. 2008).
· cites it 9× “Instead, the court expressly found that the action should not be dismissed and transferred the entire case to the Circuit Court for Dickson County pursuant to Tenn.Code Ann. § 16-1-116, which states: Notwithstanding any other provision of law or rule of court to the contrary,…”
Hawkins v. Tennessee Dep't of Corr., 127 S.W.3d 749 (Tenn. Ct. App. 2002).
· cites it 4× “The legislature has since done so in Tenn.Code Ann. § 16-1-116, which became effective on May 23, 2000.”
John Haynes v. Rutherford Cnty., 359 S.W.3d 585 (Tenn. Ct. App. 2011).
· cites it 14× “The issue in this matter is whether Tenn.Code Ann. § 16-1-116 (“the Transfer Statute”) tolls the running of the statute of limitations when a claim under the Government Tort Liability Act is filed in a court that lacks subject matter jurisdiction, and the court transfers the…”
Humphreys v. Selvey, 154 S.W.3d 544 (Tenn. Ct. App. 2004).
· cites it 4× “T.C.A. § 16-1-116 (Supp.2003) states: Notwithstanding any other provision of law or rule of court to the contrary, *542 when an original civil action, an appeal from the judgment of a court of general sessions, or a petition for review of a final decision in a contested case…”
Hayes v. State, 341 S.W.3d 293 (Tenn. Ct. App. 2009).
· cites it 8× “Upon finding improper venue, it is within the trial court’s discretion to transfer the action to the proper venue under Tenn.Code Ann. § 16-1-116 (2000). 1 The decision to transfer an action pursuant to Tenn.”
Benson v. Herbst, 240 S.W.3d 235 (Tenn. Ct. App. 2007).
· cites it 2× “2006) permits transferring “original civil actions’’ filed in a general sessions court to circuit court only when the general sessions court "determines that it lacks jurisdiction.” The civil warrants filed in this case requested damages “under $ 15,000.”
Terrance N. Carter v. Rickey Bell (Tenn. 2009).
· cites it 38× “M2006-01363-SC-R11-HC - Filed February 27, 2009 This appeal involves the application of the transfer provisions in Tenn. Code Ann. § 16-1-116 (Supp. 2008) to habeas corpus petitions challenging a criminal conviction.”
In Re: Est. Of Ernest Lester Salmons (Tenn. Ct. App. 2018).
· cites it 16× “Furthermore, as this Court has explained regarding the transfer of an action pursuant to Tennessee Code Annotated § 16-1-116: [T]transfers under Tenn. Code Ann. § 16-1-116 are discretionary.”
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